Ronald L. Mundin Jr.

2014661421

Essay on Republic Act 9.2.6.6: The Architecture Act of 2004 “The law regulating the
practice of architecture in the Philippines”.

Architecture is the art and science of planning, designing and construction of

buildings with considerations to environment, functions, strength and aesthetic. This is
also the act of planning and designing, structural conceptualization, specifications,
supervision and consultations. This is also the profession responsible for building,
enlargement, preservations, conservations, renovations, remodeling, restorations and
alterations of new and pre-existing buildings. This undergoes different scientific, aesthetic
and orderly coordination of different methods and processes and conduct different
studies, investigations, evaluations and considerations to produce detailed plans and
designs and create, stabilized, habitable, visually pleasing structures.
This is administered by an Architect, a professional who is academically qualified,
registered, and certified and is responsible for just and sustainable development, welfare
and expression of habitable spaces. As an architect, one may serve different purpose.
One may be an Architect of Record; an architect responsible for the over all design of a
client’s project and have all the civil liability for the plans, designs, specifications and
documents he or she have sealed. One may also serve as an Architect in charge of
construction; an architect responsible and supervises the project as it is being
constructed. Consultation may be also be provided to clients and or architects aside from
the standing architect of the project if such are architect have exceptional expertise thus
being a Consulting Architect.
As an architect, there is a long stretch of what professional services they can
provide. This includes, planning, architectural designing, structural conceptualization,
consultations, oral and written advices, evaluations, investigations, quality surveys and
assurance, assessments and adjustments, operational planning, site analysis, and other
pre-design services. They may also provide schematic designs, design developments,
contract documents and construction phases with professional consultancies. Moreover,
they may also assist in preparing preliminary, technical, economical, and financial
feasibility studies to assist with the plan’s execution. Models and promotional services
may also be included. They can also help with execution of architectural plans,
specifications, bill of materials, product and cost estimates, conditions and bidding
documents. They may also manage the administration, supervision, responsible directing
of the plan, erection, re-construction, enlargement, demolition, renovation, repairment,
alteration, preservations, restorations of any project. This includes all the projects
components, its site and environment regardless of use whether it be for public or private
use. This also includes space utilization within and surrounding any building, housing and
community design, interiors and space planning, detailing, architectural lighting,
acoustics, architectural lay outing for mechanical, electrical, electronic, sanitary,
plumbing, communications and other utility systems along with different equipment,
furniture and fixtures. Architects can also provide, different architectural programming and
construction arbitration. Teaching of anything related to architecture such as history,
theories, methods, principles, concepts, subjects etc. as well computer applications for
computer aided designs. They may provide professional services related to processes
and branches of work concerned with production or completion of any structures for the
betterment of living quality, protection of life, health and property.
A Filipino architect may only administer architecture given that he or she is a citizen
and a resident of the Philippines, holds a degree in Bachelor of Science in Architecture
bestowed by an educational institution in the Philippines or in other country as long as
this institution abroad is accredited and or recognized by the Commission on higher
education (CHED), underwent two years of diversified architectural experiences certified
by a registered and certified architect given the exception that a year would be taken of
practical experience if such architect hold a master degree from an accredited
architectural educational institution and must not be convicted of any crime and as long
as he or she was able to undergo examination, registration and licensure and pass and
be certified. The licensure examination covers topic from history and theories of
architecture, structural design, building materials, architectural specifications, methods
and utilities of construction, urban designs, architectural interiors, architectural designs
and site planning however, subject to the commission’s approval, this may be revised or
remove different projects and add new ones depended on the need that arises to confirm
different changes within the field. One must be able to have a weighted average seventy
percent with no grade lower than fifty percent per given subject. Once the examinee has
passed the licensure exam, they are required to receive and attend the oath taking then
the certificate of registration and professional identification card indicating the registration
number, date of issuance, expiration date and the signature of the commission’s signature
will be issued. An architect will also be provided a seal prescribe by the Board and is
responsible to affix such seal to all plans, drawings, specifications, and other documents
provided and produced under his or her supervision thus, no one is allowed by the law to
produce or create plans and drawings, specifications and no one is allowed to receive
any payment for the such plans, drawings and specifications unless its is the according
architect that have approved of it. The architect is also not allowed to sign or seal any
documents, plans, drawings and or specifications which he or she did not make. The plan,
drawings, specifications and documents sealed and signed by the architect will be his
intellectual property and it would be against the law for anyone to re-produce such works
without its architects’ consent. The architect’s license may be revoked in such cases that
he or she signed a document he or she did not make, illegally paid to secure a certificate
of registration, falsely impersonated a different entity, assisted to practice architecture
who is not authorized to practice architecture in the Philippines, have solicited project with
valid agreements and have violated this act, code of ethical conduct and the standards of
professional practice.
No one is allowed to practice architecture here in the Philippines nor engage any
thing related to architecture and prepare or produce architectural works and construction
works within the country’s boundaries nor use the title “architect” unless such person have
sufficed the requirement to be an architect, have underwent examination, been
registered, licensed and certified by the board and the commission.
An architect is responsible to have a continuing program of professional
development to ensure public interest, safeguard life, health and property. Thus,
professional architectural organizations are also responsible to ensure that different
programs are available for architects to have continuous architectural development.
Anyone who will practice architecture without being registered or licensed nor have
any temporary pass to practice such or any misrepresentation of certificate of registration
as well as professional Identification cards or seals, the title “architect” or use any false
documents, use revoked or suspended certificate of registration, professional
identification cards and or permits, reproduction of any plans, drawings, specifications
and or documents by a Filipino or foreign architect with out consent or approval and
violate the act’s implementing rules and regulations as well as the code of ethical conduct
and standards of professional practice and any policy enforced by the board and the
commission will be guilty of wrong doing or misdemeanor and will be fined of not less
than one hundred thousand and not more than five million pesos or to be imprisoned
within six months to six years or both subjected by the court while anyone who forces a
registered or licensed architect to administer architectural works without agreement or
consent will also be guilty of demeanor and will be convicted and fined amounting two
hundred thousand pesos or above or to be imprisoned for any period as long as it’s not
exceeding six years or both subjected as well by the court. It will also be illegally for
anyone to have a representative to avoid the regulations of this act thus, both
representative and represented will be guilty of violating this law and any person who is
not registered or licensed may not represent nor claim any services or works equivalent
of a registered or licensed architect. Any government projects related to architecture may
only be administered by a registered or licensed architect and it would be illegal for any
unregistered architect to collect a fee for any architectural services unless they have a
consent or agreement with a registered architect whom they can represent.
Administering Architectural works as a professional service will be determined as
an individual personal qualification however, a firm, company, partnership, corporation,
or association may be registered as long as firm will be formed or obtained by Filipino
citizens who are properly registered as an architect along with other registered Filipino
citizen architects or other technical professionals, must compose at least seventy five
percent of the collaboration’s owner and this individuals who have formed this
collaboration will be responsible for both their individual and collaborative works. Such
collaborations must be registered with the securities and exchange commission as well
as the board.
Foreign architects and anything alike may not practice architecture here in the
Philippines but may secure temporary or special passes in order to be able to administer
architectural works will be considered as unauthorized. Foreigners may perform
professional architectural works if this are foreign funded or assisted government projects
or employed by a Filipino architect or contractor or private firms. However, before they
can administer such professional works and handle duties, responsibilities and functions
of an architect here in the Philippines, they need secure a special or temporary pass or
permit from the board which is subject for approval from the commission, in order to
practice his or her profession in relation to projects the foreign architect was hired or
commissioned. A foreigner or foreign firm or such foreign collaboration may administer
architectural and constructional works and professionals services in relation, here in the
Philippines given that the foreigner is a citizen here in the Philippines or his or her country
also permits Filipino architects to practice and administer architectural works as same
here in our end. A foreigner may also practice or administer architectural works as long
as he or she is legally qualifying to administer professional works and his or her expertise
will be an advantage in our countries end whether it be for growth, advancement or
specializations. A foreigner also needs a Filipino architect to assist them and be a
counterpart and him or her will also be responsible for any utilities, taxes needed under
the Philippine government in relation to the professional services that will be administered
and rendered on any project in accordance with this law. Any collaborations, regardless
if it’s a private or public one who have services from foreign professionals whom have
been allowed to practice architectural works are required to secure the special permits
from Professional Regulation Commission (PRC), Department of Labor and Employment
(DOLE) in accordance with both institutions’ regulations.
The profession or architecture is integrated into one national organization where
in this is accredited by the board under the commission’s approval. The organization is
thus registered with the securities and exchange commission as a non-profit, non-stock
corporation and is constituted by the government’s existing laws thus may held a
democratic system of election for its officials. A registered or licensed architect is
automatically a member of the integrated and accredited professional organization of
architects. They are also entitled to different benefits and privileges that comes with this
law upon paying the necessary dues and fees.
This law will be in accordance to the promulgated regulations of the code of ethical
conduct and standards of professional practice for the provisions of the act be carried out
as per approval of the Commission as well as the integrated and accredited professional
organization. The commission as well as the board’s responsibility to enforce the
implementing rules and regulation of this act and other government agencies must
provide assistance upon the commission’s request in enforcing the rules and regulations
of this act and held all person and prosecute if in any case that such will violate the
provision of the said act. The commission will also have the secretary of justice or any of
their appointed representative to provide legal assistance and be the commission’s legal
adviser as necessary to promote the rules and regulations of the act. Anyone may
approach the commission, the board or any of the law enforcers any cases of illegal
administration of architectural works and related practices or any violations in relation to
the act committed by anyone or any party. The commission will have the board’s
assistance in order to file any cases or violations and its according charges to sentence
the concerned and be held liable in accordance with the law.
As architects, we should always have a wide perspective of things, what we can
work on, what we can create or produce and the things related to it such as the different
scope of our field. This is necessary for us not to have any stigma that we must only
design as an architect and be restricted that we only need to draw because there is more
than that in architecture. We have broad platter of services from designing to structural,
from administering design in construction to advocating learnings in architecture schools.
This will also help us not to be stagnated in our field as there are a lot of this to cover, to
see, to learn and to experience. We must know where we could be of service and be of
help, where we could share what we have learned and where we can seek more
knowledge. We must not be confined to one subject as there may be another department
within our field where we will do better, where we will excel. Although there are a lot of
things that we can do, we also need to realize what we cannot hence the importance of
studying our laws, what we might violate, what offenses, its according charges and
sanctions. We need to learn this thing so that our strengths may be our advantages and
for us to find a way to turn our weaknesses to our advantage. This will further help us
where to reach out, where to step forward and see what we cannot and should not cross.
We need to see whom and where we can reach out if things go wrong, where we could
reach out for help to administer our architectural works and provide a better quality of
service. We need to know what we cannot practice and should not practice, what is moral
and ethical from what is not as we are not the only ones who rely on our profession, from
architects to co-architects, clients, employees, construction workers, and anyone who
uses habitable spaces. All of this will remind us of our responsibilities, our duties as an
architect and what it takes to be an architect. Architecture is not all about art, history,
theories, principles, concepts, constructions, administrations and different services,
architecture must also be honest, fair, just, this must have conviction and integrity.
Architecture is prime.

Reference: Hand book on RA 9266.

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